Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

Morris v Kendal Family Investments Pty Ltd[2005] QSC 108

Morris v Kendal Family Investments Pty Ltd[2005] QSC 108

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 419 of 2004

PETER JOHN MORRIS AS LIQUIDATOR OF GVR LOGISTICS PTY LTD ACN 017 194 463

Applicant

and

 

KENDAL FAMILY INVESTMENTS PTY LTD ACN 077 503 587

Respondent

CAIRNS

DATE 20/04/2005

JUDGMENT

HIS HONOUR: By this application, the liquidator of GVR Logistics Pty Ltd (in liquidation) seek an order directing compliance with an order for directions made by consent in this Court on 30 September 2004.

The respondent has failed to make disclosure following the exchange of pleadings pursuant to those directions. The respondent has requested of the liquidators, and was allowed, an extension of time within which to comply, but this extension of time expired on the 17th of December 2004. The liquidator has made disclosure that the respondent has not, despite the threat of this application.

I am satisfied that the liquidators through a letter dated 8 February 2005, from the applicant's solicitors to the respondent's solicitors have sought compliance with the order. There has been no response to that letter, nor to this application which was served by post on the 8th of March 2005.

This application is made pursuant to rules 211 and 214 of the Uniform Civil Procedure Rules which requires the disclosure sought. The duty to disclose relevant documents is fundamental to the proper disposal of proceedings and the respondent's failure to comply with the previous order and the rules remains unexplained.

I will therefore make orders in terms of the draft initialled by me and placed with the papers.

Close

Editorial Notes

  • Published Case Name:

    Peter John Morris as Liquidator of GVR Logistics Pty Ltd v Kendal Family Investments Pty Ltd

  • Shortened Case Name:

    Morris v Kendal Family Investments Pty Ltd

  • MNC:

    [2005] QSC 108

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    20 Apr 2005

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.